Child custody is often one of the more difficult issues that we address when undertaking the divorce process. We must have a provision for the custody of children 18 years or younger.Now, children are not emancipated until they are 21 in New York but a court can only issue a custody order for children who are 18 years old or younger. When we address custody, we must discuss a number of issues. Where will the children live? Will they have a primary residence or will they share two residences, one with each parent? Who will be making decisions for the children? And those decisions can be minor decisions, major decisions; every decision. Each family has their own unique dynamic and we do try to discuss and inquire and consider and understand those dynamics when we address custody issues.
In addition to decision making and where the children will live, we also must address a schedule. The schedule will be a weekday schedule, a weekend schedule, a vacation schedule, holiday schedule, there are many issues that we must address when resolving the custody issue.